Right To Life Human Rights Center

logo-e2l
Development protecting rights | අයිතිවාසිකම් සපිරි සංවර්ධනයක් | வளர்ச்சி, உரிமைகளைப் பாதுகாத்தல்

The Structural Crisis of Re Victimization in the Pursuit of Justice

FAIR JUSTICE CAMPAIGN

Fair Justice Campaign, Right to Life Human Rights Centre

Within the process of law enforcement and the administration of justice in Sri Lanka, the repeated re victimization of victims has become a common tragedy. The popular saying that those who go to court end up suffering did not emerge without reason. While many assume that only the police or politicians are responsible for this situation, the reality is a much deeper structural and legal crisis. Examining this issue through the experience of Mr. Krishna Thilak Ramanayake clearly highlights the need for a fair justice process. Only the essence of his social media account is presented here.

The Crime of Seeking Justice and False Prosecutions

According to Krishna’s story, about sixteen years ago thieves broke into his home and robbed property. His wife, as an ordinary citizen, sought the protection of the law and made a complaint to the police. However, for years the police failed to identify the real criminals. Later, in order to prevent the accumulation of unresolved crimes, the police filed cases against two innocent men and linked them to the incident.

The first injustice here affects not only the victim but also innocent people accused of crimes they did not commit. This represents a breakdown of the most basic foundation of justice.

Treating the Victim as an Offender

Krishna and his wife had to spend many days attending court, taking leave from work and waiting through proceedings. His wife was close to childbirth and due to delivery they missed several court dates. From the victims’ perspective, it is itself a burden to spend time on a fabricated drama created by the police in relation to a case they originally reported.

Yet because of the missed court dates, one night the police surrounded Krishna’s house as if they were arresting terrorists. A warrant had been issued against his wife, who was the complainant, and the police attempted to arrest her in a highly inhumane manner. Although the matter was eventually settled with the help of a lawyer, a person who sought the law’s protection after suffering injustice experienced severe mental distress due to police conduct.

Internal Problems in the Court Process

The most serious situation arose in court. On a later court date, the judge strongly reprimanded Krishna’s wife, who was on the victim’s side. Without inquiring into the victim’s circumstances or taking a humane approach, and relying only on technical matters, the complainant was placed in the dock and later released on bail.

The key issue that emerges from this incident is the risk of judicial power being exercised without maturity and broad life understanding. Legal professionals who do not understand the suffering of victims and rely only on legal provisions may make decisions that become dangerous in practice. Within a system that has existed since the introduction of Roman Dutch law, secondary victimization remains a structural defect.

After several more hearings, the two innocent suspects who had been falsely implicated were released. The police were not held accountable for filing false cases, and it was the victimized woman who had to bear compensation related burdens.

Fair Justice and the Rule of Law

As noted by the French philosopher Frédéric Bastiat, when law is applied in the wrong place it becomes distorted, Krishna Thilak Ramanayake emphasizes. When the government and state machinery unnecessarily interfere in the lives of citizens, the primary duty of maintaining law and order is neglected.

Human rights organizations such as Right to Life stress that justice is not merely a court verdict but that the entire process must be fair and humane. If a victim who seeks justice in court suffers greater pressure than the offender, the legal system has failed.

Conclusion

Krishna’s story ends with a tragic reality. When his house was robbed again later, he refused to complain to the police because of the suffering he had experienced before. When citizens lose trust in the law, it marks the final stage of the collapse of the rule of law.

Therefore, reforming the legal system in our country should not be limited to buildings or technology. A change in the attitudes and humane approach of legal professionals, judges, and the police is essential. A law that does not protect the victim ultimately makes the entire society unsafe.

Scroll to Top